5.  The applicant was born in 1957 and lives in Warszawa. He is currently detained in the Warsaw Mokotów Remand Centre.
6.  On 14 July 2004 the applicant was arrested on suspicion of drug smuggling. On 15 July 2004 the Gdańsk District Court (Sąd Rejonowy) remanded him in custody for 3 months, relying on the reasonable suspicion – supported by evidence taken from witnesses – that he had committed the offence in question and the need to secure the proper course of the proceedings. The court also attached importance to the likelihood of a severe sentence of imprisonment being imposed on the applicant and the risk that he would attempt to induce witnesses to give false testimony or would otherwise obstruct the proceedings. That risk was justified by the fact that the case involved a large number of accomplices who had not yet been apprehended.
7.  An appeal by the applicant against the detention order, likewise his further appeals against subsequent decisions extending his detention and all his subsequent applications for release and appeals against refusals to release him were unsuccessful. In his applications and appeals, he argued that his lengthy detention violated the provisions of the Code of Criminal Procedure relating to the imposition of this measure.
8.  In the course of the investigation, the applicant’s detention was extended on several occasions, namely on 21 September 2004 (to 31 December 2004), 21 December 2004 (to 31 March 2005) and 22 March 2005 (to 30 June 2005). In all their decisions the authorities relied on the original grounds given for the applicant’s detention. The courts also stressed the fact that, owing to the complexity of the case, the investigation had still not been completed.
9.  On 16 June 2005 a bill of indictment was lodged with the Gdańsk Regional Court (Sąd Okręgowy). The applicant, together with 3 other co‑accused, was indicted on charges of drug smuggling and conspiracy to import drugs committed in an organised criminal group aiming at importing into Poland considerable amounts of drugs.
10.  During the court proceedings the courts further extended the applicant’s detention on several occasions, namely on 23 June 2005 (to 30 September 2005), on an unspecified subsequent date, on 28 June 2006 (to 30 October 2006), 3 October 2006 (to 31 December 2006), 28 December 2006 (to 30 April 2007), 25 April 2007 (31 August 2007), 22 August 2007 (to 31 December 2007), 11 December 2007 (to 31 March 2008), 18 March 2008 (until 30 June 2008), 25 June 2008 (until 30 September 2008) and 18 September 2008 (until 31 December 2008).
The courts repeated the grounds previously given for keeping the applicant in custody. They attached importance to the likelihood of a severe sentence of imprisonment being imposed on him and the risk that he would obstruct the proceedings.
11.  On 19 October 2005 the Regional Court held the first hearing. The trial continued until 30 December 2008.
Throughout that time 98 hearings were scheduled. The hearings took place at last once a month but at certain periods the court held up to 5 hearings per month. On average, they were held at 2 week-intervals and there was no interruption of the trial longer than 5 weeks.
12.  On 30 December 2008 the court convicted the applicant of drug smuggling and conspiracy to import drugs but acquitted him of acting in an organised criminal group. He was sentenced to a cumulative penalty of 12 years’ imprisonment. The Court deducted the period of his detention from 14 July 2004 to 12 June 2005 from his sentence. The applicant appealed.
13.  The applicant did not specify when the proceedings had terminated but it appears that they most likely ended between the end of 2009 and the beginning of 2010.
14.  On an unspecified date in 2005 the Kraków Regional Court convicted the applicant of drug-related offences committed in an armed organised criminal group and sentenced him to 15 years’ imprisonment. The applicant started to serve the sentence on 13 June 2005.
15.  On an unspecified date, apparently on 18 January 2006, the Ostrołęka Regional Prosecutor charged the applicant with, among other things, leading an organised criminal group called “mokotowska” involved in trafficking large amounts of drugs, arms and ammunition, money laundering, bribery of public officials, kidnapping, extortion, armed robbery and other theft-related offences.
16.  On 19 January 2006 the Ostrołęka Distrcit Court remanded the applicant in custody relying on the reasonable suspicion that he had committed the offences with which he had been charged. The court underlined that the suspicion was fully supported by evidence obtained from a crown witness (świadek koronny) and confirmed by other evidence, such as searches, inspections of crime scenes and testimonies of other witnesses. It also referred to the risk that the applicant would try to bring pressure to bear on witnesses, the need to secure the proper course of the investigation and the likelihood that a severe penalty – minimum 8 years’ imprisonment ‑ would be imposed on him.
17.  On an unspecified date, apparently in 2009, the Warsaw Regional Court convicted the applicant as charged and sentenced him to 14 years’ imprisonment.
18.  The applicant did not inform the Court of the further course of the proceedings.
19.  On 18 July 2007 the applicant lodged with the Gdańsk Court of Appeal (Sąd Apelacyjny) a complaint under section 5 of the Law of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”).
20.  The applicant sought a ruling that the length of the proceedings in case no. IV K 200/05 (see paragraphs 6-13 above) had been excessive and an award of just satisfaction in the amount of 10,000 Polish zlotys (PLN) (approx. 2,500 euros (EUR)).
21.  On 25 September 2007 the Gdańsk Court of Appeal dismissed his complaint as unfounded. It held that since the beginning of the trial 61 hearings had been scheduled in the case until 24 August 2007 and only 11 of them had been adjourned due to the absence of counsel or co‑suspects and because of a lay judge’s illness. The court concluded that the proceedings had been conducted with the requisite speed and without undue delay.
22.  After his arrest on 14 July 2004 (see paragraph 6 above) the applicant was detained in the Sztum Prison (Zakład Karny). Shortly afterwards, on an unspecified date, he was transferred to the Gdańsk Remand Centre (Areszt Śledczy). He remained there until 22 January 2009 but in 2008 he was transferred to the Warszawa-Mokotów Remand Centre for a few months. From 22 January 2009 to 9 June 2009 he was detained in the Kraków Remand Centre. Later he was held in the Radom Prison and then transferred to the Warsaw Mokotów Remand Centre.
23.  On 22 July 2004 the Sztum Prison Penitentiary Commission (Komisja Penitencjarna) classified the applicant as a “dangerous detainee” (a so-called ”tymczasowo aresztowany niebezpieczny”; in the relevant legal provisions referred to as ”tymczasowo aresztowany stwarzający poważne zagrożenie społeczne albo poważne zagrożenie dla bezpieczeństwa aresztu”). It considered that it was necessary to place the applicant in a solitary cell designated for such detainees at a special high-security prison ward because he had been charged with serious offences committed in an organised criminal group. Pursuant to Article 212a § 3 of the Code of Execution of Criminal Sentences (Kodeks karny wykonawczy), this circumstance by itself justified the classification of a detainee as “dangerous”. The commission also referred to the applicant’s serious lack of moral character (wysoki stopień demoralizacji).
24.  Every three months the Gdańsk Remand Centre’s Penitentiary Commission (Komisja Penitencjarna Aresztu Śledczego) reviewed its decision on the classification of the applicant as a “dangerous detainee”. The applicant appealed against many of those decisions. He submitted that the offences with which he had been charged, in particular drug-smuggling, did not justify the imposition of the special regime. He argued that the measure had been extended automatically without any consideration for his health and mental well-being, that it had in fact been imposed for an unlimited duration and was putting an exceptionally severe strain on him and his family. He also complained about being subjected to a strip search every time he left and entered the cell.
All the appeals were dismissed.
25.  On 3 September 2007 the Gdańsk Regional Court – Penitentiary Division examined the applicant’s appeal against the Gdańsk Remand Centre’s Penitentiary Commission’s decision of 10 July 2007 prolonging the application of the “dangerous detainee” regime and continuing to hold him in a solitary cell.
In his appeal, the applicant underlined that the special regime had already been imposed on him for some 3 years and that its continuation had been based solely on the charges laid against him, without any court conviction. In his view, this was in breach of the principle of the presumption of innocence.
The court rejected the applicant’s argument that the nature of the offences with which he had been charged did not justify the continued application of that regime in his case. In that regard, it stressed that the applicant had been charged in three separate sets of criminal proceedings conducted by different courts or prosecutors and those other charges included, among other things, the leading of an organised and armed criminal group, kidnapping, armed robbery and arms trafficking. The nature of the charges and the applicant’s personal circumstances, such as his previous criminal record, leadership qualities and tendency to dominate the others fully supported the view that there existed the “danger [to society and the security of a remand centre]” referred to in Article 212a of the Code of Execution of Criminal Sentences. In sum, there was no indication that the contested decision was contrary to the law, which was the sole ground on which it could be challenged and possibly quashed. As regards the applicant’s argument that his contacts with his family were severely restricted as a result of his “dangerous detainee” status, the court held that those restrictions were lawful as being applied under the relevant provisions of the Code of Execution of Criminal Sentences and did not make it impossible for him to maintain such contacts.
26.  On 11 December 2007, 15 February 2008 and 3 June 2008 the Gdańsk Regional Court – Penitentiary Division, relying on the same grounds, rejected further appeals against the Penitentiary Commission’s decisions prolonging the imposition of the “dangerous detainee” regime on the applicant. In his appeals, the applicant submitted that his prolonged solitary confinement was putting an exceptionally severe emotional strain on him, which was compounded by his lack of sufficient contact with the family. He also complained that the routine strip-searches, to which he had been subjected, sometimes several times a day, were intrusive, unnecessary and humiliating.
27.  Further decisions on the prolongation of the “dangerous detainee” regime were based on similar grounds or repeated the initial reasons.
On 19 August 2009 the Radom Regional Court upheld the Penitentiary Commission’s decision to continue the imposition of the regime, given on 23 June 2009, in view of the serious nature of the charges brought against the applicant and his personal circumstances, such as his leadership qualities and tendency to dominate the others and his serious lack of moral character.
On 23 October 2009 the Warsaw Regional Court upheld a similar decision, stressing that since 13 June 2005 the applicant had been serving a sentence of 15 years’ imprisonment, following his conviction for drug‑related offences committed in an organised criminal group. He had also been convicted at first instance by the Gdańsk District Court for other drug‑related offences and sentenced to 12 years’ imprisonment. In these circumstances, the special regime had to be continued.
On 14 July 2010 the Warsaw Regional Court upheld another decision of the Penitentiary Commission, relying on the applicant’s criminal convictions and stressing that under the applicable legal provisions no time‑limit was set for the imposition of the regime.
On 30 August 2011 the Warsaw Regional Court upheld the Penitentiary Commission’s decision of 2 August 2011. Noting that the decision was based on the fact that the applicant, in view of his personal circumstances and serious lack of moral character, posed a serious danger to prison security and order, as well as to prison officers’ safety, the court found that this assessment had been objective and fully justified the continuation of the regime.
28.  Throughout his detention the applicant repeatedly requested the authorities to place him with another inmate, complaining that his excessively long solitary confinement had severely affected his emotional and mental well-being.
29.  The regime is still being applied to the applicant and he is still held in a solitary cell.
In all likelihood, pursuant to Article 212a § 3 of the Code of Execution of Criminal Sentences (see paragraph 44 below), the regime will continue until he has finished serving his three consecutive sentences of imprisonment, or at least the sentence following the conviction for leading an organised and armed criminal group, kidnapping, arms and drug trafficking. At present it is estimated that the applicant’s imprisonment would come to an end at the end of 2031.
30.  Since 22 July 2004, when the applicant was placed in a solitary cell for dangerous detainees at the high-security prison ward until present, he has remained under increased supervision. The cells in which he has been held, including their sanitary facilities, have been constantly monitored via close-circuit television. They have also been searched frequently, sometimes on a daily basis.
He has been subjected to a so‑called “personal check” (kontrola osobista), i.e. a thorough body search every time he has left and entered the cell. The applicant has explained that this means that each time he enters or leaves the cell he must strip naked in front of prison guards and carry out deep knee-bends from 6 to 10 times to enable an examination of his anus.
Whenever he is outside his cell and the high-security ward, including his appearances at court hearings, the applicant must be handcuffed or required to wear so-called “joined shackles” (kajdanki zespolone) on his hands and feet (see paragraph 47 below). Those shackles consist of handcuffs and fetters joined together with chains.
The applicant has many times unsuccessfully complained to the authorities that outside his cell his hands were handcuffed behind his back, which caused him considerable pain and difficulty in moving, especially during a daily walk.
The applicant’s movements outside his cell and the special ward must be supervised by 2 prison guards. He is allowed to have a 1-hour long solitary walk per day in a segregated area.
31.  The applicant was entitled to 1 one-hour visit from the family per month.
32.  He supplied a document issued by the Governor of the Gdańsk Remand Centre on 13 February 2008, setting out a list of visits received by him up to that date.
From 23 August 2004 to 20 January 2008, i.e. for 3 years and some 5 months, he was granted permission to have 11 “open visits” (widzenie przy stoliku). He was also granted 21“closed visits” (widzenie przez telefon) (see also paragraph 58 below).
33.  On most occasions only the applicant’s wife visited him. The applicant has 3 daughters M.H., K.H. and S.H. born, respectively, in 1988, 1993 and 1998. Throughout the above period he received visits from his oldest daughter on 2 occasions and from each of the two younger daughters once.
34.  In 2004 the applicant was granted 6 visits, 2 of which were open and 4 closed. They took place on 23 August (this was an open visit from the applicant’s wife), 17 September (this was a closed visit from his wife, E.H., and M.H., his oldest daughter), 15 October, 29 October (on this occasion he received an open visit from his daughter M.H.), 19 November and 17 December respectively.
35.  In 2005 the applicant was granted 10 visits, only 1 of which was open. They took place on 11 February, 11 March, 15 April, 12 May, 5 July, 28 July, 16 August, 30 September (this was a closed visit from his wife and K.H., one of his daughters), 28 October and 9 December 2005.
36.  In 2006 the applicant received 7 visits (including 1 “open”) from his wife only. They took place on 28 February, 5 April, 13 June, 23 August, 20 October, 30 November and 29 December.
37.  In 2007 the applicant was granted 7 visits from his wife, 4 of which were open visits. They took place on 9 February, 29 March, 1 June (on this open visit the applicant could also see S.H., his youngest daughter), 24 July, 6 September, 24 October and 27 November.
38.  In 2008, as of the date of the issuance of the document, the applicant received one “open visit” from his wife – on 20 January 2008. He submitted that throughout the whole of 2008 he had received 5 family visits.
39.  The applicant stated that his very limited contact with his daughters had been caused by the fact that the Gdańsk Remand Centre and the Kraków Remand Centre did not provide satisfactory conditions for visits by children or minor persons. A visit took place in a room where visitors were separated from a detainee by a Perspex window partition and bars, making it impossible for them to have any direct contact. A visitor, including a child, in order to reach the visiting area in the ward for dangerous detainees had to walk through the entire prison, past prison cells situated on both sides of the corridor. This exposed his daughters to the gaze of inmates and their reaction to the girls’ presence constituted an exceptionally traumatic experience for them. During the meeting, they were separated by a window and bars from their father, which was very stressful for them and made it impossible for them to have any normal contact. For that reason, considering that the conditions in which he was allowed to see his family in prison caused too much distress and suffering for his daughters, the applicant had to give up receiving visits from his daughters.
40.  In the Kraków Remand Centre the visits to “dangerous detainees” could take place only on Tuesdays. For that reason, the applicant’s wife was unable to visit him on every occasion he was entitled to have a monthly visit because she worked from Monday to Friday.
41.  The applicant made numerous complaints about poor visiting conditions and the practical impossibility of having contact with his daughters, but they were to no avail.
42.  The applicant’s correspondence with his family was censored. He supplied three envelopes bearing stamps that read respectively: “censored on 12 November 2007”, “censored on 8 January 2008”, “censored on 30 January 2008” and illegible signatures. The first letter was from his daughter, K.H., and two others from a family member, a certain K[a]. H.
The applicant did not inform the Court about the contents of the letters and whether any parts of them had been expunged or otherwise censored.